When you work overtime in California, you expect to receive pay for all of the hours you devote to your job. If your employer fails to pay you for work performed and violates the state’s overtime laws, you may be able to hold him or her accountable.
According to the State of California Department of Industrial Relations, you have entitlement to overtime if you are a nonexempt employee who performs more than eight hours of work during a day or 40 hours of work within a given week.
If you work more than eight hours per day or 40 hours a week, your employer must pay you one-and-a-half times your typical rate of pay for all hours that exceed these guidelines. If you work more than 12 hours within a day or more than eight hours a day for seven days in a single workweek, your employer must pay you at double your typical rate of pay for all excess hours.
What happens if this does not happen? Under these circumstances, you have two options available to you.
1. File a wage claim
Your first option when your employer neglects to pay overtime involves filing a wage claim with the Division of Labor Standards Enforcement, which is part of the labor commissioner’s office. It is then up to a deputy labor commissioner to decide whether to move forward with your case.
2. File a lawsuit against your employer
Another option you have when your employer fails to pay overtime is to file a lawsuit against him or her in court in an attempt to recover your lost wages.